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After Further Review: When an Injury Can Be Apportioned to Multiple Defendants

Motor Vehicle Litigation / May 13, 2019

In Estate of Teodorico Q. Gomez, et al. v Farm Bureau General Ins. Co. of Mich (On Recon), unpublished opinion per curiam of the Court of Appeals, issued May 7, 2019 (Docket No. 341812), the Michigan Court of Appeals vacated its prior opinion in the same matter after granting Defendant Farm Bureau’s Motion for Reconsideration.  Farm Bureau was represented in the trial court and on appeal by Secrest Wardle.

The Court’s reversal did not necessarily invalidate its legal reasoning in its previous Opinion related to apportionment of damages. Rather, the Court gave renewed consideration to previously overlooked facts that had been in the record all along, which led to a different finding as to whether apportionment was applicable in the instant case.

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